1. Institute for Global Environmental Strategies Towards sustainable development - policy oriented, practical and strategic research on global environmental issues Lessons learned from Japan on Soil Contamination Policy and Implementation Masanori Kobayashi Coordinator Nusa Dua, Indonesia 24 – 26 November 2008 AECEN Regional Forum

2. Ashio Copper Mine Pollution Copper mining intensified in 19 th Century Iron Oxide – Sulfuric Acid contaminated areas Sickness exemplified by ophthalmic disorder illness and killed over 1,000

3. Developed law and institutional mechanisms for tackling soil contamination – brown field  In 2002, Japan enacted the Soil Contamination Countermeasures Act that has been developed based on the lessons drawn from Europe and North America taking into account Japan’s socio-economic conditions,  5 year review have been conducted, and further reforms were recommended,  Prefecture government has adopted more stringent ordinance thereby obliging a seller of over 1,000 ha. to conduct soil contamination survey.

4. Mechanism of soil contamination Underground water contamination Soil contamination Illegal dumping Effluent from factories Toxic substance flows through air, water, agricultural crops and fish → health damage/ecosystem damage

5. Objective To implement countermeasures to soil contamination for protecting health through assessing contamination and preventing the damage of human health Survey - At the time of abandoning the facility using toxic substance (Art.3) - When the prefectural government detects the risk of damaging human health by soil contamination (Art.4) Designation When contamination exceeds the standard, the site is designated under the Act, and it is publicly announced (Art.5) Restriction on land and its use change Obliged to report to the prefectural government and to be regulated (Art.9) Removal of contamination Polluters or owners obliged to remove contamination and cleanse soil (Art.7) Japan’s Soil Contamination Countermeasures Act Key Provisions

6. Japan’s Soil Contamination Countermeasures Act Performance (Feb. 2003 – Feb 2008) Surveyed land sites 898 cases Designated sites 259 Sites declared to require contamination removal 63 (33 removed, 30 in the process of removal or under consideration, 0 – no action) Sites declared not to require contamination removal W196 (111 treated, 62 in the process of treatment or under consideration, 23 – no action) Lifting the designation of sites under the Act 128

7. Surveyed site cases Feb 2003 Act enacted 1991 Soil contamination standard was set Cases that exceed the standards Cases that remain within the standards Number of surveyed site cases

8. Number of surveys in 2006 Surveyed 14,032 cases Voluntary 86% Obliged by ordinances 11% Obliged by the Act 3%

9. Undertaken measured Entrance prohibition Measuring underground water quality Covering Containment Cleansing at the site Removal of contaminated soil No. of cases

10. Whereabouts of removed contaminated soil Removed contaminated soil Storing facility Non-certified treatment plant Final disposal Certified treatment plant Cement factory

11. Various supporting measures  Real estate – soil contamination risk/cost is integrated in the land price  Finance – when making loans, financial institutions take into account the soil contamination risk/cost  Accounting – soil contamination risk/cost is accounted in the financial statement

12. Financial assistance to soil contamination countermeasures Governmental contricutions Fund Prefectural Government Non-governmental contributions Land owner

13. Recent lawsuit case – Seiko Epson vs Ohji Paper SE bought land from Ohji P and it turned out that the soil was contaminated with dioxin and PCB SE estimates that 9,200 tons of contaminate soil would require removal/cleansing Have taken measures to remove/cleanse contaminated soil Sought 640 million JPY(6.4 million USD) for damages Declared on 8 July 2008 that Ohji must pay 589,75850 (5.9 million USD)

14. Future challenges ○Promoting rational countermeasures based on the type of risks ・ Categorizing designated sites, and disseminating info on the status ・ Assessment based on land use types ・ Checking countermeasures plans ○Economic instruments ・ City planners, real estate agents, accountants ○Scope of Act ・ For preserving safe and comfortable land ○Information sharing mechanisms ・ Management sheet on removed soil ・ Enforcement measures on illegal cases ○Ensuring sound treatment of removed soil ○Enhancing accuracy/credibility of surveys and countermeasures ○Prevention of soil contamination http://www.env.go.jp/water/dojo/sesaku_kondan/rep080331/gaiyo.pdf